General guidance on PDF bundles – St John’s Chambers

Posted May 29th, 2020 in case management, computer programs, documents, electronic filing, news by sally

‘Mr Justice Mann, Judge in charge of Live Services, has issued guidance to judges today about PDF bundles. The guidance applies to all courts, but not to tribunals.’

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St John's Chambers, 20th May 2020

Source: www.stjohnschambers.co.uk

Ali Tabari reviews key points of the new Corporate Insolvency and Governance Bill, and sets out three key areas for litigators to start preparing for – St Philips Barristers

Posted May 29th, 2020 in bills, coronavirus, insolvency, news by sally

‘Last week saw the first reading in the House of Commons of the Corporate Insolvency and Governance Bill [“CIGB”], which is the Government’s attempt to mitigate the impact of COVID-19 on businesses which should otherwise have been viable. From a parliamentary point of view, it is still at an early stage but, given the importance and urgency of this piece of legislation, it is worth considering some of the key points which arise from a high-level overview, so that you and your clients can try to plan accordingly. Not all of the provisions will survive into the finalised Act, but early Bills are often a good indicator of the overall aims of the legislation. This article does not deal with each and every point to arise from the CIGB, which currently runs to 238 pages including 14 Schedules, but signposts the crucial areas.’

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St Philips Barristers, 25th May 2020

Source: st-philips.com

COVID-19 Guidance Tracker – Six Pump Court

Posted May 29th, 2020 in computer programs, coronavirus, legal profession, news, regulations by sally

‘The “COVID-19 Guidance Tracker” is a new resource set up by the Regulatory team at Six Pump Court which is designed to enable businesses and legal professionals to more easily navigate to the applicable COVID-19 guidance that is most relevant to their area of work.’

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Six Pump Court, May 2020

Source: www.6pumpcourt.co.uk

Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) – Tanfield Chambers

Posted May 29th, 2020 in assignment, debts, land registration, mortgages, news, repossession by sally

‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

No tax relief on pension contributions paid in shares – Wilberforce Chambers

Posted May 29th, 2020 in income tax, news, pensions, shareholders by sally

‘In a decision which threatens to bring turmoil to vast number of SIPPs (self-invested personal pensions), the Upper Tribunal has decided in HMRC v Sippchoice Ltd [2020] UKUT 149 (TCC) (Roth J and Upper Tribunal Judge Greg Sinfield) that member contributions to registered pension schemes are only eligible for tax relief where they are paid in money. Where a member transfers shares to the scheme trustees no tax relief is available, even where done in satisfaction of a money debt, and notwithstanding the terms of HRMC’s own Pensions Tax Manual which appears to say the opposite.’

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Wilberforce Chambers, 18th May 2020

Source: www.wilberforce.co.uk

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

Robber who waged ‘campaign of burglary’ against wealthy homeowners jailed after £100k raid – Daily Telegraph

Posted May 29th, 2020 in burglary, news, sentencing by sally

‘ A millionaire’s fiancee was robbed of £100,000 worth of jewellery by a fake tradesman who waged a “campaign of burglary” against wealthy homeowners, a court heard.’

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Daily Telegraph, 28th May 2020

Source: www.telegraph.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

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Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 29th, 2020 in legislation by tracey

The Education (Pupil Registration) (England) (Coronavirus) (Amendment) Regulations 2020

The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020

The Education (Independent School Standards) (Coronavirus) (Amendment) Regulations 2020

The Food Information (Amendment) (England) Regulations 2020

The Schools Forums (England) (Coronavirus) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Family of Harry Dunn to bring private prosecution against Dominic Raab – The Guardian

‘The family of Harry Dunn, the 19-year-old killed on 27 August last year after being hit by a car driven by the wife of a US intelligence officer, intends to bring a private criminal prosecution against the foreign secretary, Dominic Raab, the Guardian has learned.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 29th, 2020 in law reports by tracey

High Court (Chancery Division)

B & Anor v J & Ors [2020] EWHC 1373 (Ch) (28 May 2020)

Secure Mortgage Corporation Ltd & Anor v Harold & Ors [2020] EWHC 1364 (Ch) (28 May 2020)

High Court (Family Division)

A Local Authority v AG (No. 2) [2020] EWHC 1346 (Fam) (28 May 2020)

High Court (Queen’s Bench Division)

Les Ambassadeurs Club Ltd v Albluewi [2020] EWHC 1368 (QB) (28 May 2020)

JQL v NTP [2020] EWHC 1349 (QB) (27 May 2020)

Source: www.bailii.org

Most online grooming offences in UK committed on Facebook-owned apps – The Guardian

Posted May 29th, 2020 in child abuse, internet, news, sexual grooming, sexual offences, statistics by sally

‘More than half of online grooming offences recorded under a law that made it illegal to send sexual messages to children were committed on Facebook-owned apps, figures reveal.’

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The Guardian, 29th May 2020

Source: www.theguardian.com